39: LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library

Transcription

1 LAWS OF: 010 CHAPTER: 40 39: LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library NJSA: 39: (Exempts use of citizen's band and two-way radios by operators of commercial motor vehicles from prohibition on use of hand-held wireless telephone or electronic communication devices while driving) BILL NO: S149 (Substituted for A54) SPONSOR(S) Madden and others DATE INTRODUCED: February 11, 010 COMMITTEE: ASSEMBLY: Law and Public Safety SENATE: AMENDED DURING PASSAGE: Law and Public Safety DATE OF PASSAGE: ASSEMBLY: May 0, 010 SENATE: March 11, 010 DATE OF APPROVAL: July, 010 FOLLOWING ARE ATTACHED IF AVAILABLE: FINAL TEXT OF BILL (Introduced version of bill enacted) S149 SPONSOR S STATEMENT: (Begins on page 3 of introduced bill) Yes COMMITTEE STATEMENT: ASSEMBLY: Yes SENATE: Yes (Audio archived recordings of the committee meetings, corresponding to the date of the committee statement, may possibly be found at FLOOR AMENDMENT STATEMENT: LEGISLATIVE FISCAL ESTIMATE: A54 SPONSOR S STATEMENT: (Begins on page 3 of introduced bill) Yes COMMITTEE STATEMENT: ASSEMBLY: Yes SENATE: FLOOR AMENDMENT STATEMENT: LEGISLATIVE FISCAL ESTIMATE: (continued)

2 VETO MESSAGE: GOVERNOR S PRESS RELEASE ON SIGNING: FOLLOWING WERE PRINTED: To check for circulating copies, contact New Jersey State Government Publications at the State Library (609) ext.103 or mailto:refdesk@njstatelib.org REPORTS: HEARINGS: NEWSPAPER ARTICLES: LAW/RWH

3 SENATE,. 149 STATE OF NEW JERSEY 14th LEGISLATURE INTRODUCED FEBRUARY 11, 010 Sponsored by: Senator FRED H. MADDEN, JR. District 4 (Camden and Gloucester) Senator JOHN A. GIRGENTI District 35 (Bergen and Passaic) Assemblyman ALEX DECROCE District 6 (Morris and Passaic) Assemblyman DAVID P. RIBLE District 11 (Monmouth) Co-Sponsored by: Assemblywoman Pou, Assemblyman Johnson and Assemblywoman Quigley SYNOPSIS Exempts use of citizen s band and two-way radios by operators of commercial motor vehicles from prohibition on use of hand-held wireless telephone or electronic communication devices while driving. CURRENT VERSION OF TEXT As introduced. (Sponsorship Updated As Of: 5/1/010)

4 S149 MADDEN, GIRGENTI AN ACT concerning the use of certain communications devices by operators of commercial motor vehicles and amending P.L.003, c BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Section 1 of P.L.003, c.310 (C.39:4-97.3) is amended to read as follows: 1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an "electronic communication device" shall not include an amateur radio. thing in P.L.003, c.310 (C.39: et seq.) shall apply to the use of a citizen s band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway. b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if: (1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or () The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph. As used in this act[,]: Citizen s band radio means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen s band radio service use. EXPLANATION Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter.

5 S149 MADDEN, GIRGENTI "[hands-free] Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone. Two-way radio means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission. "Use" of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device. c. (Deleted by amendment, P.L.007, c.198). d. A person who violates this section shall be fined $100. e. motor vehicle points or automobile insurance eligibility points pursuant to section 6 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense. f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act. g. Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.000, c.75 (C.39:4-97.), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.000, c.75 (C.39:4-97.) for the purpose of determining subsequent enhanced penalties under that section. (cf: P.L.007, c.198, s.1). This act shall take effect immediately. STATEMENT This bill exempts the use of a citizen s band radio or a two-way radio by operators of moving commercial motor vehicles or authorized emergency vehicles on a public road or highway from the current law that makes it a primary motor vehicle offense to use a hand-held wireless telephone or electronic communication device while driving. The bill also clarifies that the citizen s band radio and two-way radio exemption applies to the entire act prohibiting the use of

6 S149 MADDEN, GIRGENTI 4 1 hand-held wireless telephones and electronic communication devices while operating a motor vehicle.

7 SENATE LAW AND PUBLIC SAFETY COMMITTEE STATEMENT TO SENATE,. 149 STATE OF NEW JERSEY DATED: MARCH 4, 010 The Senate Law and Public Safety Committee reports favorably Senate Bill This bill exempts the use of a citizen s band radio or a two-way radio by operators of moving commercial motor vehicles or authorized emergency vehicles on a public road or highway from the current law that makes it a primary motor vehicle offense to use a hand-held wireless telephone or electronic communication device while driving. The bill also clarifies that the citizen s band radio and two-way radio exemption applies to the entire act prohibiting the use of handheld wireless telephones and electronic communication devices while operating a motor vehicle.

8 ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE STATEMENT TO SENATE,. 149 STATE OF NEW JERSEY DATED: MAY 6, 010 The Assembly Law and Public Safety Committee reports favorably Senate Bill Senate Bill. 149 exempts the use of a citizen s band radio or a two-way radio by operators of moving commercial motor vehicles or authorized emergency vehicles on a public road or highway from the current law that makes it a primary motor vehicle offense to use a hand-held wireless telephone or electronic communication device while driving. Under the bill, a citizen s band radio is defined as a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen s band radio service use. A two-way radio is defined as two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission. The bill also clarifies that the citizen s band radio and two-way radio exemption applies to the entire act prohibiting the use of handheld wireless telephones and electronic communication devices while operating a motor vehicle. As reported by the committee, this bill is identical to Assembly Bill. 54, also reported by the committee on this same date.

9 ASSEMBLY,. 54 STATE OF NEW JERSEY 14th LEGISLATURE INTRODUCED MARCH 16, 010 Sponsored by: Assemblyman ALEX DECROCE District 6 (Morris and Passaic) Assemblyman DAVID P. RIBLE District 11 (Monmouth) Co-Sponsored by: Assemblywoman Pou, Assemblyman Johnson and Assemblywoman Quigley SYNOPSIS Exempts use of citizen s band and two-way radios by operators of commercial motor vehicles from prohibition on use of hand-held wireless telephone or electronic communication devices while driving. CURRENT VERSION OF TEXT As introduced. (Sponsorship Updated As Of: 5/7/010)

10 A54 DECROCE, RIBLE AN ACT concerning the use of certain communications devices by operators of commercial motor vehicles and amending P.L.003, c BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Section 1 of P.L.003, c.310 (C.39:4-97.3) is amended to read as follows: 1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an "electronic communication device" shall not include an amateur radio. thing in P.L.003, c.310 (C.39: et seq.) shall apply to the use of a citizen s band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway. b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if: (1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or () The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph. As used in this act [,] : Citizen s band radio means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen s band radio service use. EXPLANATION Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter.

11 A54 DECROCE, RIBLE "[hands-free] Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone. Two-way radio means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission. "Use" of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device. c. (Deleted by amendment, P.L.007, c.198). d. A person who violates this section shall be fined $100. e. motor vehicle points or automobile insurance eligibility points pursuant to section 6 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense. f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act. g. Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.000, c.75 (C.39:4-97.), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.000, c.75 (C.39:4-97.) for the purpose of determining subsequent enhanced penalties under that section. (cf: P.L.007, c.198, s.1). This act shall take effect immediately. STATEMENT This bill exempts the use of a citizen s band radio or a two-way radio by operators of moving commercial motor vehicles or authorized emergency vehicles on a public road or highway from the current law that makes it a primary motor vehicle offense to use a hand-held wireless telephone or electronic communication device while driving.

12 ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE STATEMENT TO ASSEMBLY,. 54 STATE OF NEW JERSEY DATED: MAY 6, 010 The Assembly Law and Public Safety Committee reports favorably Assembly Bill. 54. Assembly Bill. 54 exempts the use of a citizen s band radio or a two-way radio by operators of moving commercial motor vehicles or authorized emergency vehicles on a public road or highway from the current law that makes it a primary motor vehicle offense to use a hand-held wireless telephone or electronic communication device while driving. Under the bill, a citizen s band radio is defined as a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen s band radio service use. A two-way radio is defined as two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission. The bill also clarifies that the citizen s band radio and two-way radio exemption applies to the entire act prohibiting the use of handheld wireless telephones and electronic communication devices while operating a motor vehicle. As reported by the committee, this bill is identical to Senate Bill. 149, also reported by the committee on this same date.